Petitioner challenged the Municipal Commissioner's inaction regarding his construction permission application on plot No.2. The court directed the Commissioner to communicate reasons for non-processing within four weeks.
Direct respondent No.2 to communicate reasons for not processing the petitioner's application within four weeks.
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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 3415 of 2020
ORDER:
In this Writ Petition, it is the grievance of petitioner that in spite of the fact that he is having valid title in respect of plot No.2 admeasuring 330 sq.yards, covered by Survey No.328/1/2 situated at Bhainsa Municipality, Bhainsa, Nirmal District, respondent No.2 – Commissioner, Bhainsa Municipality, Bhainsa, Nirmal District, is not processing his application dated 19.12.2019 for grant of permission for construction of house.
Sri N. Praveen Kumar, learned Standing Counsel for Municipalities appearing for respondent No.2 – Commissioner, Bhainsa Municipality, Bhainsa, Nirmal District, while denying the allegations of the petitioner, states that a letter dated 10.09.2019 was addressed by the Tahsildar, Bhainsa Mandal, Nirmal District, to respondent No.2 instructing him not to issue any construction permission, assessment of vacant land tax or any further proceedings in respect of Survey Nos.216, 217, 218, 219, 321 & 328 including by numbers situated in Bhainsa Town Limits till further orders or till disposal of Writ Petition No.33001 of 2010, as such, the application of the petitioner is not processed and not for any other reason.
CKR, J W.P.No.3415 of 2020
2
In the light of the above, this Writ Petition is disposed of with the direction to respondent No.2 to communicate to the petitioner the reason for not processing his application, within a period of four (4) weeks from today, so as to enable him to take appropriate steps in accordance with law.
Miscellaneous applications, if any pending, shall also stand
disposed of. There shall be no order as to costs.
_________________________
CHALLA KODANDA RAM, J
5 th MARCH, 2020.
kvni
2 issues framed by the court
Whether the respondent is justified in not processing the petitioner's application for construction permission.
Whether the respondent must communicate the reason for non-processing of the application.
Petitioner
Commissioner, Bhainsa Municipality
Challa Kodanda Ram
As recorded by the court registry
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